Dover Intelligent-Design Case

[James Maule]

One problem in this case, Paul, is that the school board in effect
didn't listen to anyone except representatives of two organizations
seeking a test case. The record, as explicated in the opinion, is one of
process severely lacking in full and open discussion. Several board
members testified they didn't even understand what they were voting to
approve but felt pressured (to use a kind word) into voting as they
did.

Jim Maule

>>> paul-finkelman at utulsa.edu 12/20/2005 12:51:31 PM >>>
Is it better to have a judge decide what is science, after lots of 
expert testimony, than an elected school board after listening to 
constituents without any scientific background? Now what would really
be 
nice is to have the science department decide what is science but that

is likely to  happen in some places only after hell (if there is a
hell) 
freezes over.

paul finkelman

RJLipkin at aol.com wrote:

>         Although I do not disagree with the result in this case, I am

> troubled by the idea of judges deciding what is or what is not 
> science.  As far as I can tell, a Kuhnian conception of scientific 
> change in principle supports the possibility of intelligent design 
> being understood as expanding the current notion of science. ( I say

> "in principle" for the reason that just because a particular 
> conception theoretically can be advanced in a Kuhnian fashion does
not 
> mean that the change in paradigm will be successful). Hence, to say 
> that intelligent design cannot be considered a science according to 
> our current paradigm of science can be answered by intelligent 
> designers with a strident "So what?"
>  
>         Don't get me wrong.  According to my own understanding of the

> philosophy of science, I do not see any likelihood of intelligent 
> design providing the thrust for a paradigm shift concerning what is
or 
> what is not science. That aside, what justifies judicial 
> determinations of this matter?  I suppose one reply is that the 
> court is merely reflecting what its best understanding of the current

> scientific paradigm is.  Moreover, courts are forever involving in 
> making judgments about complex factual and conceptual matters. 
> Still, an opinion based solely on the EC might be more in line 
> with the basis of a court's authority and expertise. 
>  
> Bobby
>
> Robert Justin Lipkin
> Professor of Law
> Widener University School of Law
> Delaware
>
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>
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-- 
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK   74104-3189

918-631-3706 (office)
918-631-2194 (fax)

paul-finkelman at utulsa.edu